The Balearic High Court has upheld a fine of 60,000 euros that was handed to a shopkeeper in Arenal for breach of the tourism of excesses decree.
The decree, which was introduced in January 2020, established that shops in the resorts that the decree referred to were prohibited from selling alcohol between 9.30pm and 8am. One night in July 2020, Palma Police found that the shop in question was selling alcohol at 12.45pm. The fine was subsequently imposed.
This was challenged in the courts. The shopkeeper argued that the fine was unconstitutional as it violated "the right to free trade".
The high court judges were unconvinced by this argument: "We see no grounds for raising the potential for unconstitutionality. To begin with, it does not even indicate which constitutional precepts are potentially being violated."
The ruling continued: "The decree law whose unconstitutionality is being denounced bases time restrictions on the sale of alcoholic beverages on the concepts of public order, public health and the protection of the rights, safety, and health of consumers. It seeks to prevent the degradation of these tourist areas and the disruption to social coexistence that such behaviours cause."
The court concluded that the shopkeeper had not demonstrated how these time limits were disproportionate or unreasonable.
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